Legal Question in Civil Litigation in Florida

Internet transaction jurisdiction

We are a licensed Florida Corporation and operate via the internet from our home in California. Long story short, guest rented a vacation home in Florida, home sold, guest was placed in equal value home same area. We have signed rental agreement with terms, which include possible moves if home becomes unavailable. Guest lives in NC and is planning to file small claims suit. Can guest file in NC or does it have to be Florida or California?


Asked on 8/18/05, 12:46 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Internet transaction jurisdiction

It depends on where jurisdiction lies. Usually, it has to be in the state where your company is incorporated or where the injury (if any) occurred. If the guest is alleging breach of contract, it depends where the contract was executed. It makes sense, though, to have it heard in FL since that's where the property and corporation exist.

Read more
Answered on 8/18/05, 1:19 pm
Anthony Roach Law Office of Anthony A. Roach

Re: Internet transaction jurisdiction

Theoretically they could sue in California in small claims court, if they sued you personally. California has jurisdiction over you because you reside here.

If you were a non-resident of California, you could not be sued in California's small claims courts. In California, small claims courts do not have personal jurisdiction over non-resident defendants. "Service shall be made within this state, except as provided in subdivisions (e) and (f)." (Code of Civ. Proc. sec. 116.340 subd. (d).)

Subdivisions e and f, govern owners of real property in California who reside in another state, or owners of motor vehicles involved in an accident in this state. Neither of these exceptions apply.

It seems doubtful that you would be sued here in California in small claims court, if the Plaintiff resides in North Carolina. The plaintiff could not have an attorney, so it would be expensive to travel out here to sue you personally.

It would seem at this point that the issue is whether or not they could sue you in Small Claims Court in North Carolina. That issue cannot be resolved by a California lawyer. I would recommend you repost your inquiry to North Carolina, and determine whether or not North Carolina's small claims courts have personal jurisdiction over you.

Read more
Answered on 8/18/05, 3:01 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Florida